Commentary

164 Conclusion on implied terms in sale of goods contracts

SALE OF GOODS vol 34

164 Conclusion on implied terms in sale of goods contracts

| Commentary

6: CONCLUSION ON IMPLIED TERMS IN SALE OF GOODS CONTRACTS

The three main obligations implied by statute into contracts for the sale of goods (namely that the goods: conform with their description, are fit for the purpose, and are of satisfactory quality1) may be seen as laying down a set of increasingly onerous duties on sellers. But as each obligation gets heavier, so too does its scope become narrower. The implied condition that goods correspond with their description (under the Sale of Goods Act 1979 Section 13 and as regards consumer contracts the Consumer Rights Act 2015 Section 11) applies to all contracts for the sale of goods. But provided that the goods correspond with any description that has been applied to them, no matter how broad, the seller’s

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